Probe into missing persons issue: Judicial Commission to be set up soon, Supreme Court told

The Supreme Court was told here on Thursday that a judicial commission capable of quizzing any official having nexus with missing persons' case even if he was from military, would soon be set up to further the probe into the highly sensitive issue.
Attorney General (AG) Anwer Mansoor Khan told a bench headed by Justice Javed Iqbal that a three-member high-powered judicial commission comprising retired superior court judges would be set up soon. "The summary for the establishment of the commission has been received by me," he added.
Explaining composition of the commission, the AG said it would be headed by a retired judge of the Supreme Court and would include two retired high court judges and representatives of provincial governments would be its members that could call any senior officer of the armed forces or the rangers if the name of any of their officer surfaced in connection with missing persons case. Its orders would be binding on all departments and institutions, he added.
However, the cases of certain of missing persons would be referred to respective high courts, where these would be dealt with according to law, the AG said. The three-judge bench comprising Justice Javed Iqbal, Justice Muhammad Sair Ali and Justice Tariq Parvez appreciated the establishment of the commission.
"If a department is found committing illegality, the Supreme Court would not commit the same twice by condoning their acts," Justice Javed Iqbal made it clear.
An unpleasant incident also took place during the proceedings when Advocate Hashmat Habib, pleading the case of Dr Afia Siddiqui, accused Director Legal Defence Ministry Lieutenant Colonel Sarfraz Ahmed of threatening to teach him a lesson for maligning the defence institutions. Later Lieutenant Colonel Sarfraz tendered unconditional apology before a visibly disturbed court that re-assembled after it had retired for few minutes.
He explained that he had asked the counsel not to drag Pakistan Army, which is defending our borders in the issue. The counsel should specifically point out if he has any grievance against any agency, he said. "The sanctity of this court is like a God's house and our job is to protect whosoever enters this house. How could you threaten him," Justice Sair Ali observed saying the officer had brought this court into disrepute.
"Army does not belong to you along but also us," Justice Parvez said. The court clarified that Dr Afia's case does not fall under the category of missing person, saying media driven and public driven campaigns were not suitable for judicial findings.
Justice Iqbal also observed that the sincerity of the government should not be doubted which engaged good counsel to defend Dr Afia in US. The AG sought two weeks time to tally the figures when the court inquired about a report submitted by the foreign office that 6,000 Pakistani nationals are languishing in different foreign jails. The court also directed the foreign office to make its report more comprehensive.
"Lot of grievances of the families of missing persons would be resolved if they are allowed to visit their relatives," Justice Tariq Parvez observed while Justice Iqbal said that the records of missing persons lying with different departments should be referred to the commission.
However, Amna Janjua, representing the missing persons, argued that the proposed judicial commission would only delay the matter and requested that the Supreme Court to take its proceedings to their logical conclusion. The court observed that the decision to set up the commission was a good step as at least it could record evidences in missing person cases, which the apex court could not.
"You are not aware of stringent procedures; SC is not a forum to record evidence; We have to find a resolution of and a recourse leading to solution of the issue and not to bypass it," Justice Sair Ali observed.
The concept of missing persons should be ended now, Justice Iqbal observed, saying the parliament had already taken cognisance of the issue and may take some time. Let's wait what kind of legislation it makes, Justice Iqbal said.
When Mrs Janjua requested the court to issue some direction to the parliament for early setting up of the commission, Justice Iqbal replied that the parliament was supreme and no one could make it accountable unless basic structure of the constitution was tried to change through a piece of legislation.
"We are the product of the constitution framed by the parliament," Justice Iqbal observed adding the parliament was entitled to legislate and court cannot cross certain barriers. "The commission will act like a burden sharing and not a burden shifting," Justice Sair Ali explained. He said the apex court would be monitoring and supervising the commission. The commission will start its proceedings from where we would leave.
Superintendent Police Rawalpindi Kamran Adil informed the court that senior officers of the Armed Forces have recorded their statement before the Joint Investigation Team (JIT) constituted to locate the whereabouts of Masood Janjua.
Advocate Raja Bashir representing the Defence Ministry also explained what Mrs Janjua was saying was based on hearsay, not seen by her own eyes rather heard from other sources. Already FIR has been registered and evidence would start recording at the appropriate forum soon about her husband mysterious disappearance.
Mrs Janjua, however, explained that her objective was not to embarrass any institution but want remedy of her grievance. Giving a reference of missing persons from Balochistan, Justice Iqbal made it clear that the court would not allow anyone to take political mileage out of the issue and asked the media to verify facts before highlighting the cases as exaggerated figures create panic.
Asma Jehangir, chairperson Human Rights Commission of Pakistan (HRCP), asked the court to made the intelligence agencies accountable for their alleged involvement in the missing person cases.
The court also asked the chief commissioner Islamabad and the Inspector General to appear before the court in person along with a complete record about the exact number of casualties during the July 2007 Lal Masjid stand-off when female students of the Jamia Hafsa occupied the adjacent Children's Library to protest against the razing of seven mosques. Later several people were killed in battles between security forces and students at the mosque. Later the bench adjourned hearing of the case for two weeks.